BOARD OF COMMISSIONERS REGULAR MINUTES
THURSDAY, NOVEMBER 04, 2010 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were in attendance. City Attorney David Lakin was present.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards. The recipients were Mr. James Drier, Ms. Bessie Kolopanas, Ms. Molly Vanhorn and Mr. Martin Roland.

Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month of October. No objections.

Mayor Carmichael opened the floor for any additions/deletions to the agenda. With no amendments, Mayor Carmichael moved to adopt the agenda as presented, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, October 07, 2010, 6:30 p.m. (pgs. 01-04)
b. Special Meeting, October 14, 2010, 4:30 p.m. (pgs. 05-06)
2. Approval of Resolution 2010/11-63: A Resolution approving reimbursement of up to $3,000 in support of the 2010 Lakeland Holiday Parade, sponsored by the Lakeland Lions Club. (Staff) (pgs. 07-08)
Commissioner Tompkins moved to approve the Consent Agenda, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 09-16)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:





X. OLD BUSINESS:
1. Action on final reading of Ordinance 10-153: An Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 17-26)
Commissioner Barber moved to adopt on final reading Ordinance 10-153: An Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Vice-Mayor Nicholson.(*)

Commissioner Hartz moved to amend the Ordinance as follows:

5. Food service establishment (FSE) means any establishment, business or facility engaged in preparing, serving or making food available for consumption. Single family residences are not an FSE, however, multi-residential facilities may be considered an FSE at the discretion of the City. Food service establishments will be classified as follows:
Class 1: Deli – Engaged in the sale of cold cut and microwaved sandwiches/subs with no frying or grilling on site, ice cream shops and beverage bars as defined by NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) 77213, Mobile Food Vendors as defined by NAICS 722330.
Class 2: Limited service restaurants (a.k.a. fast food facilities, daycares) as defined by NAICS 722211 and caterers as defined by NAICS 722320.
Class 3: Full service restaurants as defined by NAICS 722110.
Class 4: Buffet and cafeteria facilities as defined by NAICS 72212.
Class 5: Institutions (schools, hospitals, prisons, etc.) as defined by NAICS 722310 but not to exclude self-run operations.

11. NAICS means North American Industry Classification System.

Amendment seconded by Commissioner Barber. Amendment carried, voice vote, all in favor.

(*) Motion to adopt on final reading as amended carried, voice vote, all in favor.

2. Action on final reading of Ordinance 10-154: An Ordinance to add certain provisions regarding Outdoor Vending Machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date. (Atkinson) (pgs. 27-31)
Commissioner Barber moved to adopt on final reading Ordinance 10-154: An Ordinance to add certain provisions regarding Outdoor Vending Machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date, seconded by Commissioner Tompkins. (**)

Vice-Mayor Nicholson moved to amend the Ordinance as follows:


Addition of area requirement for tenants in a multi-tenant building:

A. Outdoor vending machines shall be permitted as an accessory use in C-1 and C-2 Zoning Districts for the following:
i. Single occupant buildings with more than 10,000 square feet of gross floor area.
ii. Individual tenants in a multi-tenant building that have at least 100 feet of store front and 10,000 square fee of gross floor area.

Addition of subsection “G” regarding ADA:

G. The property on which the vending machine is located shall remain in compliance with Americans with Disabilities Act (ADA) standards at all times.

Amendment seconded by Commissioner Hartz. Amendment carried, voice vote, all in favor.

(**)Motion to adopt on final reading as amended carried, voice vote, all in favor.

XI. NEW BUSINESS:

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Tompkins moved to adjorn the meeting, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

The meeting adjourned at 6:43 p.m., Thursday, November 04, 2010.

These minutes were approved Thursday, December 02, 2010.




Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

SPECIAL CALLED MEETING FOR
THURSDAY, OCTOBER 14, 2010, 4:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Manager requested the City Recorder to call a Special Meeting of the Board of Commissioners/Board of Sewerage Commission as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

• Discussion and/or possible action on the City of Lakeland’s participation in the Consolidation Legal Action.

• Discussion and/or possible action on any other item concerning the above listed agenda item.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 4:30 p.m., Thursday, October 14, 2010.

This written notice shall be posted and served personally at least twelve (12) hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s usual place of residence in accordance to TCA § 6-20-208.



SPECIAL MEETING MINUTES

The Special Meeting was called to order at 4:30 pm, Thursday, October 14, 2010.

Mayor Carmichael, Commissioners Barber, Hartz and Tompkins were present. City Attorney David Lakin was present. Vice-Mayor Randy Nicholson was absent.

Commissioner Hartz moved to suspend the rules to enter into executive session/attorney-client session, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

Executive Session/Attorney-Client Session convened at 4:38 pm

The Special Meeting reconvened at 5:02 pm, Thursday, October 14, 2010.

There being no other business to take action on, Commissioner Hartz moved to adjourn the meeting, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

The Special Meeting adjourned at 5:23 pm, Thursday, October 14, 2010.

These minutes were approved Thursday, November 04, 2010.




Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, OCTOBER 07, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation was given by Reverend Gordan (Greater Bush Grove Baptist Church). The pledge was lead by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz were in attendance and Commissioner Tompkins was present via electronic communication. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for additions/deletions to the agenda.

Item #5: Approval of Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development; was removed from the Consent Agenda. No objections.

There being no additional amendments, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards. The recipients were Mrs. Brenda Wong, Ms. Kathryn Michener, Mrs. Priscilla Geronimo, and Mr. Jimmy Brumley.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, September 02, 2010, 6:30 p.m. (pgs. 1-4)
2. Approval of Resolution 2010/10-50: A Resolution approving Bylaws of the Lakeland Economic Development Commission. (Lakin) (pgs. 5-10)
3. Approval of Resolution 2010/10-59: A Resolution approving an Interlocal Agreement between the State of Tennessee Cities: Bartlett, Collierville, Germantown and Lakeland and University of Tennessee. (Wherry) (pgs. 11-18)
4. Approval of Resolution 2010/10-60: A Resolution approving Acceptance of Public Improvements for Herons Ridge Subdivision, Section B. (Morrissett) (pg. 19 w/insert)
5. Approval of Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development. (Atkinson) (pgs. 20-23)
Commissioner Hartz moved to approve Consent Agenda items 1-4, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.



V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
5. Approval of Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development. (Atkinson)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

Mayor Carmichael opened the floor to allow public to direct questions concerning Equestria Planned Development. No objections.

Lavonnie Perry Claybon • 10300 Memphis-Arlington Road – addressed the Board with questions and document requests of Equestria Planned Development.

City Staff addressed Ms. Claybon concerns/questions.

There being no other discussion, Commissioner Hartz moved to approve Resolution 2010/10-61: A Resolution to amend the Preliminary Development Plan for the Equestria Planned Development, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Office to present the Crime Report for the month of September.

VI. TREASURER’S REPORT: (pgs. 24-31)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation for the Board of Commissioners to extend the Contract with Madden Phillips for additional sewer line work at Lift Station 14 (Herons Ridge). (Stuckert) (pgs. 32-33)
Commissioner Barber moved to recommend to the BOC approval to extend the Contract with Madden Phillips for additional sewer line work at Lift Station 14 (Herons Ridge), seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.




2. Action on a recommendation for the Board of Commissioners to adopt on first reading an Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 34-36)
Commissioner Barber moved to recommend to the BOC approval of first reading of an Ordinance creating Chapter 8 within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:



XI. NEW BUSINESS:
1. Action on approval of Resolution 2010/10-62: A Resolution authorizing a contract extension and change order with Madden Phillips Construction, Inc for Fiscal Year 2010 Sanitary Sewer Improvements. (Stuckert) (pgs. 37-38)
Commissioner Barber moved to approve Resolution 2010/10-62: A Resolution authorizing a contract extension and change order with Madden Phillips Construction, Inc. for Fiscal Year 2010 Sanitary Sewer Improvements, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

2. Action on adopting on first reading of an Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments. (Stuckert) (pgs. 39-50)
Commissioner Barber moved to adopt on first reading an Ordinance creating Chapter 8, within Title 18 of the Lakeland Municipal Code that establishes new regulations governing Grease Management for Food Service Establishments, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 5-0.
Barber aye
Nicholson aye
Hartz aye
Tompkins aye
Carmichael aye

3. Action on adopting on first reading of an Ordinance to add certain provisions regarding outdoor vending machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date. (Atkinson) (pgs. 51-55)




Commissioner Barber moved to adopt on first reading an Ordinance to add certain provisions regarding outdoor vending machines in Article IX, Section 3 of the Zoning Ordinance; providing an effective date, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Barber aye
Hartz aye
Nicholson aye
Tompkins aye
Carmichael aye

XII. ANNOUNCEMENTS:
• Joint BOC & MPC Session to discuss pending Land Development Regulations, Monday, October 18, 2010, 5:30 p.m. – City Hall.

• BOC Fall Retreat – Saturday, October 23, 2010, 8:30 a.m. – City Hall.

XIII. ADJOURNMENT: There being no other business to take action on, Vice-Mayor Nicholson moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.


The meeting adjourned at 7:13 p.m., Thursday, October 07, 2010.

These minutes were approved Thursday, November 04, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, SEPTEMBER 02, 2010, 6:30 PM
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation was given by Father Peter Buchignani. The pledge was lead by Little Miss Ryan Walker.

II. ROLL CALL BY CITY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were present. City Attorney David Lakin was present.

Mayor Carmichael opened the floor for additions/deletions to the agenda.

There being no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented a Proclamation to “George Farris” for celebrating 99 years of life; Mayor Carmichael also presented the “Get Caught Recycling” Awards. The recipients were Ms. Deborah Masonis, Mr. Timothy Rush, Ms. Lillian M. Bernard, Ms. Stephanie Holsey, Ms. Amy Walker, Mr. Sean Robinson, Ms. Tina Kent and Mr. Richard Bryant.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, August 05, 2010, 6:30 p.m. (pgs. 01-05)
2. Approval of a Resolution on adopting bylaws for the Economic Development Commission. (Lakin) (pgs. 06-11)
3. Approval of a Resolution approving the 2010/2011 Street Patching Contract. (Stuckert) (pgs. 12-19)
4. Approval of a Resolution approving a contract with Dalhoff Thomas Daws for Professional Services related to the design of parking lot improvements at I.H. Clubhouse located at 4523 Canada Road. (Stuckert) (pgs. 20-41)
Vice-Mayor Nicholson move to approve Consent Agenda items 1, 3 and 4, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Approval of a Resolution on adopting bylaws for the Economic Development Commission.
Commissioner Tompkins moved to suspend the rules for discussion purposes, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

After substantial discussion, Commissioner Hartz moved to postpone action on this item until the next work session (09.28.2010), seconded by Commissioner Barber. Motion carried, voice vote, all in favor.


VI. TREASURER’S REPORT: (pgs 42-49)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on Fiscal Year 2011 Sanitary Sewer Video Inspection. (Stuckert) (pg. 50-51)
Commissioner Hartz moved to recommend to the Board of Commissioners approval of contract with Visu-Sewer, Inc. for Fiscal Year 2011 Sanitary Sewer Video Inspection Project, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

NEW BUSINESS:
4. Action on Fiscal Year 2011 Sanitary Sewer Video Inspection. (Stuckert) (pgs. 64-71)
Commissioner Barber moved to approve Resolution 2010/09-58: A Resolution authorizing a Construction Contract with Visu-Sewer, Inc. for Fiscal Year 2011 Sanitary Sewer Video Inspection Project, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

X. OLD BUSINESS:
1. Action on final reading of an Ordinance of the City of Lakeland authorizing and regulating the operation of golf carts on public roadways. (Wherry) (pg. 52)
Commissioner Hartz moved to adopt on final reading Ordinance 10-152: An Ordinance of the City of Lakeland authorizing and regulating the operation of golf carts on public roadways, seconded by Vice-Mayor Nicholson.
Motion failed, roll call vote, 0-5.
Hartz nay
Nicholson nay
Barber nay
Tompkins nay
Carmichael nay

XI. NEW BUSINESS:
1. Action on a Resolution by the Lakeland Board of Commissioner directing the City Manager to investigate the possible purchase of property. (Wherry) (pgs 53-56)
Commissioner Hartz moved to suspend the rules for discussion, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.


Mayor Carmichael moved to approve Resolution 2010/09-53: A Resolution by the Lakeland Board of Commissioners directing the City Manager to investigate the possible purchase of property (Parcel #1), seconded by Commissioner Barber.
Motion failed, roll call vote, 0-5.
Barber nay
Hartz nay
Nicholson nay
Tompkins nay
Carmichael nay

Mayor Carmichael moved to approve Resolution 2010/09-54: A Resolution by the Lakeland Board of Commissioners directing the City Manager to investigate the possible purchase of property (Parcel #2), seconded by Commissioner Barber.
Motion failed, roll call vote, 0-5.
Barber nay
Hartz nay
Nicholson nay
Tompkins nay
Carmichael nay

Mayor Carmichael moved to approve Resolution 2010/09-55: A Resolution by the Lakeland Board of Commissioners directing the City Manager to investigate the possible purchase of property (Parcel #3), seconded by Commissioner Barber.
Motion failed, roll call vote, 0-5.
Barber nay
Tompkins nay
Hartz nay
Nicholson nay
Carmichael nay

2. Action on a Resolution of the Lakeland Board of Commissioners providing for the implementation of a “paperless agenda” and providing a procedure for providing for devices to access the agenda and related material. (Wherry) (pg. 57)
Mayor Carmichael moved to approve Resolution 2010/09-57: A Resolution of the Lakeland Board of Commissioners providing for the implementation of a “paperless agenda” and providing a procedure for providing for devices to access the agenda and related material, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.





3. Action on a Resolution of the Lakeland Board of Commissioners concerning the vote on the proposed Metro Charter for the consolidation of Memphis and Shelby County on Tuesday, November 2, 2010. (Wherry) (pgs 58-63)
Vice-Mayor Nicholson moved to approve Resolution 2010/09-56: A Resolution of the Lakeland Board of Commissioners concerning the vote on the proposed Metro Charter for the consolidation of Memphis and Shelby County on Tuesday, November 2, 2010, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 5-0.
Nicholson aye
Tompkins aye
Barber aye
Hartz aye
Carmichael aye

4. Action on Fiscal Year 2011 Sanitary Sewer Video Inspection. (Stuckert) (pgs. 64-71) ~Taken Out of Order~

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Vice-Mayor Nicholson moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:43 p.m., Thursday, September 02, 2010.

These minutes were approved Thursday, October 07, 2010.




J. Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING AGENDA
THURSDAY, AUGUST 05, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were present. City Attorney David Lakin was present.

Mayor Carmichael opened the floor for additions/deletions to the agenda.

There being no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Parks & Recreation applicants to present their skills to the Board of Commissioners.

Ralph Hyde, 3100 Woodmeade Lane addressed the Board regarding his interest in volunteering on the Parks & Recreation Board.

NEW BUSINESS:
2. Action on Evergreen Planned Development:
a. Action on approving a Resolution rescinding Resolution 2008/06-47: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Greenbrier, LLC for a ninety-five (95) lot subdivision to be known as Evergreen Subdivision and the Residential Subdivision Development Contract with Greenbrier Partners, LLC. (Lakin) (pg. 63)
Mayor Carmichael moved to suspend the rules for discussion purposes, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael read a letter submitted by Mr. Glenn Sircy (5200 Prairie Sky Drive/Winstead Farms Subdivision).

Mayor Carmichael yielded the floor to Jay Tyler (5100 Adagio Lane) to address the Board of Commissioners regarding Evergreen Planned Development. No objections.

With no objections, Mayor Carmichael yielded the floor to Sam Carr (3100 Drop Seed Lane) to address the Board of Commissioners regarding Evergreen Planned Development.


Commissioner Hartz moved to approve a Resolution rescinding the offer to enter into a Residential Subdivision Development Contract with Greenbrier Partners, LLC date June 12, 2008, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

b. Action on MPC recommendation to approve the PDP & SDDP Amendment to the phasing & termination provisions for Evergreen Planned Development. (Higbee) (pgs. 64-77)
Commissioner Barber moved to approve a Resolution to approve a Preliminary Development Plan and Secondary Detailed Development Plan Amendment for Evergreen, seconded by Commissioner Tompkins.
Motion carried, roll call, 5-0.
Barber aye
Tompkins aye
Hartz aye
Nicholson aye
Carmichael aye

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting, July 01, 2010, 6:30 p.m. (pgs. 01-04)
2. Approval of Natural Resources Board bylaws. (Lakin) (pgs. 05-10)
3. Approval of the first reading of an Ordinance authorizing a permit to operate Golf Carts on certain streets. (Wherry) (pgs. 11-12)
4. Approval of the purchase of a mower for the Parks Department. (Wherry) (pg. 13)
5. Approval of awarding a contract to Grinder Excavating Company for the City Hall Parking Lot Expansion Project. (Stuckert) (pg. 14-16)
6. Approval of a Resolution authorizing the Mayor to sign a letter to Tennessee Department of Transportation concerning beautification measures incorporated into the new I-40 Single Point Urban Interchange System. (Stuckert) (pgs. 17-20)
7. Approval of the City Manager to apply for LPRF Grant for interior renovations at the International Harvester Clubhouse. (Wherry) (pgs. 21-22)
8. Approval of reduction of Letter of Credit for Corner Shops, LLC. (Morrissett) (pgs. 23-24)
Commissioner Barber moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland authorizing and regulating the operation of golf carts on public roadways, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.


V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 25-40)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Opportunity for applicants for the appointment to the Parks & Recreation Board opening to address the Board of Commissioners.

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
• Status Update on required improvements of Herons Ridge, Section B. (Morrissett) (pg. 41)
Mike Morrissett, Chief Code Enforcement Officer reported on the status of the improvements of Herons Ridge Section B. The developer would like to proceed with the acceptance of public improvements. Upon acceptance, the developer will be eligible to work toward construction of the surface coat of asphalt.

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners for approval of the Conceptual Sewer Plan for Meadows of Lakeland Subdivision. (Stuckert) (pg. 42)
Commissioner Barber moved to recommend approval of a Resolution establishing a new “Concept Sanitary Sewer Plan” for the Meadows of Lakeland, seconded by Commissioner Tompkins. Motion carried, voice vote, 4-0-1 (abstain-Nicholson).

X. OLD BUSINESS:
1. Action on final reading of an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front setback areas of residentially zoned property within the city limits of the City of Lakeland. (Lakin) (pgs. 43-44)
Commissioner Tompkins moved to adopt on first reading of an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front set back areas of residentially zoned property within the city limits of the City of Lakeland, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Tompkins aye
Barber aye
Hartz aye
Nicholson aye
Carmichael aye

XI. NEW BUSINESS:
1. Action on appointment of Parks & Recreation Board Member. (pgs. 45-62)
Commissioner Barber nominated Leanne Edwards to serve the remainder of a three (3) year term on the Parks & Recreation Board.

Commissioner Hartz moved to close nominations, no objections.

It was a consensus of the Lakeland Board of Commissioners to appoint Leanne Edwards to serve on the Parks & Recreation Board.

2. Action on Evergreen Planned Development:
a. Action on approving a Resolution rescinding Resolution 2008/06-47: A Resolution authorizing the Mayor to execute a Residential Subdivision Development Contract with Greenbrier, LLC for a ninety-five (95) lot subdivision to be known as Evergreen Subdivision and the Residential Subdivision Development Contract with Greenbrier Partners, LLC. (Lakin) (pg. 63)
b. Action on MPC recommendation to approve the PDP & SDDP Amendment to the phasing & termination provisions for Evergreen Planned Development. (Higbee) (pgs. 64-77)
~Taken Out of Order~

3. Action on a recommendation from the Board of Sewerage Commission on the approval of a Concept Sanitary Sewer Plan for the Meadows of Lakeland Subdivision. (pgs. 78-81)
Commissioner Hartz moved to approve a Resolution rescinding Resolution 2007/04-31 “Concept Sanitary Sewer Plan for the Meadows of Lakeland” and establishing a new “Concept Sanitary Sewer Plan for the Meadows of Lakeland” Shelby County Tax Assessor Parcel Identification Number L0 140 00299, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 4-0-1.
Hartz aye
Tompkins aye
Barber aye
Nicholson abstain
Carmichael aye

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Vice-Mayor Nicholson moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.


The Meeting adjourned at 7:30 p.m., Thursday, August 05, 2010.

These minutes were approved Thursday, September 02, 2010.





J. Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JULY 01, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioner Barber, Hartz and Tompkins were present. City Attorney David Lakin was present.

Mayor Carmichael opened the floor for additions/deletions to the agenda. There being no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of July. The recipients were Connie Harris, Mark Massey, Travis Moore, and Edgar Currier.

NEW BUSINESS (*)

4. Action on request for Fireworks Display Permit. (Wherry)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

Mayor Carmichael placed this item on hold to allow the City Attorney to review the submittal documentation for the 2010 Fireworks Display. No objections.

a) Granting Fireworks Display Permit for Saturday, July 3, 2010.
Commissioner Hartz moved to approve Permit for July 3, 2010 Fireworks Display, seconded by Commissioner Tompkins.
Motion carried, roll call vote, 4-1.
Hartz aye
Tompkins aye
Barber aye
Nicholson nay
Carmichael aye

b) Request for waiver of $500 Permit Fee
Request for waiver of $500 Permit Fee fails due to the lack of a motion.

c) Request for reimbursement for 2009 Fireworks Display Permit Fee.
Request for reimbursement for 2009 Fireworks Display Permit fails due to the lack of a motion.

With no objections, Mayor Carmichael yielded the floor to Karen Woodward (Fireworks Display Coordinator – 9800 Windward Slopes Cove) to address the Board regarding the action just taken.






Commissioner Barber moved to reconsider the issue regarding Fireworks Permit, seconded by Commissioner Tompkins. Motion carried, voice vote, 4-1(Nicholson).

Commissioner Hartz moved to grant a Permit for the 2010 Fireworks Display and waive the $500 Permit Fee, seconded by Commissioner Tompkins. (**)

With no objections, Mayor Carmichael yielded the floor to Stephanie Lefler (previous coordinator - 9600 Oak Point Cove) to address the Board concerning the 2010 Fireworks Display.

(**)Motion carried, roll call vote, 4-1
Hartz aye
Tompkins aye
Barber aye
Nicholson nay
Carmichael aye

Commissioner Hartz moved to reimburse $500 permit fee for 2009 Fireworks Display, seconded by Mayor Carmichael.
Motion carried, roll call vote, 4-1.
Hartz aye
Barber aye
Nicholson nay
Tompkins aye
Carmichael aye

III. PUBLIC DISCUSSION:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting Minutes, June 03, 2010 (pgs. 01-03)
2. Approval of Contract to Audit Accounts with Watkins Uiberall for the fiscal year ending June 30, 2010. (Wherry) (pgs. 04-16)
3. Approval of releasing the Letter of Credit for Veranda Woods Planned Development. (Morrissett) (pgs. 17-21)
Commissioner Barber moved to approve the Consent Agenda, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 22-37)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:


VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
• Report on Additional Yard Waste Collection Route. (Stuckert) (pgs. 38-43)
Philip Stuckert reported on implementing an additional day of yard waste pick-up.

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on recommendation to the Board of Commissioners to award Sewage Lift Station Emergency Generator Contract to Gephart Electric Construction Company. (Stuckert) (pgs. 44-45)
Commissioner Hartz recused himself from any discussion of this agenda item.

Commissioner Tompkins moved to recommend to the Board of Commissioners approval of the Sewage Lift Station Emergency Generator Contract to Gephart Electric Construction Company, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, 4-0-1(abstain-Hartz).

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on Resolution approving a contract with Gephart Electric Construction Company to furnish and install a Sewage Lift Station Emergency Generator. (Stuckert) (pgs. 46-48)
Commissioner Hartz recused himself from any discussion of this agenda item.

Commissioner Tompkins moved to approve Resolution 2010/07-39: A Resolution authorizing a Construction Contract with Gephart Electrical Construction Company for Sewage Lift Station Emergency Generator Contract., seconded by Commissioner Barber.
Motion carried, roll call vote, 4-0-1.
Tompkins aye
Barber aye
Hartz abstain
Nicholson aye
Carmichael aye

(Go to * - Mayor Carmichael resumed discussion on the 2010 Fireworks Display Permit request)

2. Action on first reading of an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front yard areas of residentially zoned property within the city limits of the City of Lakeland. (Lakin) (pgs. 49-52)
Commissioner Barber moved to adopt on first reading an Ordinance prohibiting the accumulation and/or storage of loose limbs, branches and other such yard waste in front yard areas of residentially zoned property within the city limits of the City of Lakeland, seconded by Commissioner Tompkins.

Motion carried, roll call vote, 5-0.
Barber aye
Tompkins aye
Hartz aye
Nicholson aye
Carmichael aye

3. Action on declaring security in default for Ivy Creek Addition and the City proceeding with road repairs. (Morrissett) (pg. 53)
Commissioner Hartz moved to suspend the rules for discussion purposes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to postpone action on this item until the next scheduled meeting of the Board of Commissioners, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

4. Action on request for Fireworks Display Permit. (Wherry) (pg. 54)
~Taken out of order~

5. Action on approving the by-laws for the Stormwater Board of Appeals. (Lakin) (pgs. 55-60)
Commissioner Barber moved to suspend the rules for discussion purposes, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

Commissioner Barber moved to approve Resolution 2010/07-38: A Resolution approving bylaws of the Lakeland Storm Water Board of Appeals, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Barber moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The Meeting adjourned at 7:25 p.m. Thursday, July 01, 2010.

These minutes were approved Thursday, August 05, 2010.



J. Scott Carmichael, Mayor

ATTEST:



Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JUNE 03, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 pm. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz, and Tompkins were present.

Mayor Carmichael opened the floor for additions/deletions to the agenda. With no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of June. The recipients were Michele Dial, Frank Hammond, Monique Kelly, and John Williams.

NEW BUSINESS:
1. Action on yard waste pick up and enforcement procedures. (Wherry) (pgs. 38-44)
Commissioner Hartz moved to suspend the rules, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor for public discussion regarding yard waste:
 Tony Antwine, 9300 Salem Woods addressed the Board with concerns of the yard waste pick-up.
 Gerrit Verschuur, 4100 Yellow Cedar Drive addressed the Board with concerns of the yard waste pick-up.
 Dave Boyd, 9600 Mosswood Lane addressed the Board with concerns of the yard waste pick-up.
 Monique Kelly, 9300 Daly Drive addressed the Board with concerns of the yard waste pick-up.

With no objections, Mayor Carmichael yielded the floor to Hunter Carruthers, General Manager of All Star Waste Disposal.

After a substantial discussion, Vice-Mayor Nicholson moved to postpone action on this item until the next work session (June 22, 2010), seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Meeting Minutes from Previous Meetings:
a. Regular Meeting Minutes, May 06, 2010 (pgs. 01-05)

2. Approval of bylaws of Parks & Recreation Advisory Commission. (Lakin/Lockhart) (pgs. 06-10)
3. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2010 through June 30, 2011. (Wherry) (pg. 11)
4. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule beginning Fiscal Year 2010/2011. (Wherry) (pgs. 12-24)
5. Approval of a Resolution designating seats for the Design Review Commission. (Lakin) (pgs. 25-26)
6. Approval of a Resolution rejecting all bids for the City Hall Parking Lot Expansion. (Stuckert) (pgs. 27-29)
Vice-Mayor Nicholson moved to approve the Consent Agenda and adopt on final reading of an Ordinance of the City of Lakeland, Tennessee adopting a budget for Fiscal Year July 01, 2010 through June 30, 2011 and adopt on final reading an Ordinance of the City of Lakeland amending the Fee Schedule beginning Fiscal Year 2010/2011, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 30-37)
Commissioner Tompkins moved to file the Treasurer’s Report, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONER & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on yard waste pick up and enforcement procedures. (Wherry) (pgs. 38-44) ~Taken Out of Order~

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other items to take action, Commissioner Barber moved to adjourn the meeting, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.



The Meeting adjourned at 7:30 pm. Thursday, June 03, 2010.

These minutes were approved Thursday, July 01, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

SPECIAL CALLED MEETING FOR
THURSDAY, APRIL 15, 2010, 5:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


The City Recorder called a Special Meeting of the Board of Commissioners/Board of Sewerage Commission as the welfare of the City demands it.

The Character of Business to be discussed and possible action taken at such meeting shall be as follows:

• Discussion and/or possible action on budget for FY2010/2011 (beginning July 01, 2010)

• Discussion and/or possible action on the Fee Schedule.

• Discussion and/or possible action on a Resolution approving the FY 2010/2011 Sewer Fund Financial Plan.

• Discussion and/or possible action on a Resolution approving the FY 2010/2011 Personnel Pay Plan.

• Discussion and/or possible action on any other business pertaining to the items listed.

The Special Called Meeting shall be held at Lakeland City Hall, 10001 U.S. Highway 70, Lakeland, Tennessee at 5:30 p.m., Thursday, April 15, 2010.

This written notice shall be posted and served personally at least twelve (12) hours prior to the Special Called Meeting to each Commissioner, the City Manager, Recorder and Attorney or left at such person’s usual place of residence in accordance to TCA § 6-20-108.


SPECIAL MEETING MINUTES

The Special Meeting was called to order at 5:30 p.m.

Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz, and Tompkins were present.

Vice-Mayor Nicholson moved to suspend the rules for discussion of the FY2010/2011 Budget, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

No action taken.

There being no other business to discuss, Commissioner Barber moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The meeting adjourned at 6:55 p.m., Thursday, April 15, 2010.

These minutes were approved Thursday, May 06, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, APRIL 01, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002



I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Commissioners Barber, Hartz, and Tompkins were present. Vice-Mayor Nicholson was absent due to illness. City Attorney, David Lakin was present.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of April. The recipients were Mark Seay, Michael Harper, Wenlin Sun, and Erin Brown.

Mayor Carmichael presented a Proclamation to the Lakeland Lions Club for their outstanding commitment to the Lakeland Community. No objections.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of March.

Mayor Carmichael opened the floor for any amendments (additions/deletions) to the agenda.

As a recommendation from the City Manager, Commissioner Hartz removed Item 5: Approval of Resolution 2010/04-19: A Resolution adopting the City of Lakeland Health and Safety Manual: Approval of first reading of an Ordinance rescinding an Ordinance adopting the Lakeland Health and Safety Manual, from the Consent Agenda and New Business/Item 1: Action on Resolution 2010/04-22: A Resolution authorizing a contract with Fleming and Associates for design of a new Senior Center Building located near the I.H. Clubhouse from the agenda.

There being no other amendments, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners to approve a Resolution for authorization of a contract for the FY2010 Sanitary Sewer Improvements. (Stuckert)
Commissioner Barber moved to recommend to the Board of Commissioners approval of a Resolution for authorization of a contract for the FY2010 Sanitary Sewer Improvements, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, March 04, 2010, 6:30 p.m.(pgs. 1-3)



2. Approval of a recommendation from the BOSC to approve Resolution 2010/04-17: A Resolution authorizing a Contract for FY2010 Sanitary Sewer Improvements. (Stuckert) (pg. 4)
3. Approval of Resolution 2010/04-18: A Resolution requesting a left turn signal at U.S. Highway 64 and Davies Plantation Road. (Carmichael/Wherry) (pg. 5)
4. Approval of first reading of an Ordinance of the City of Lakeland establishing a three (3) year term for members of the Design Review Commission. (Wherry) (pg. 6)
5. Approval of Resolution 2010/04-19: A Resolution adopting the City of Lakeland Health and Safety Manual. (Stuckert)
a. Approval of first reading of an Ordinance rescinding an Ordinance adopting the Lakeland Health and Safety Manual.
6. Approval of Resolution 2010/04-20: A Resolution concerning the renewal of Inter-Governmental Agreement between the City of Lakeland and Shelby County Government establishing cooperation and coordination of certain activities for the operation of the Shelby County Household Hazardous Waste Facility. (Stuckert) (pgs. 7-13)
7. Approval of Resolution 2010/04-21: A Resolution rescinding Resolution 2007/03-19: “A Resolution establishing an Environmental Awards Committee.” (Bridges) (pg. 14)
Commissioner Tompkins moved to approve the Consent Agenda and adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Title 2, Boards & Commissions, Etc.; Chapter 2, Lakeland Design Review Commission, Section 2-203, Terms, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
5. Approval of Resolution 2010/04-19: A Resolution adopting the City of Lakeland Health and Safety Manual.
a. Approval of first reading of an Ordinance rescinding an Ordinance adopting the Lakeland Health and Safety Manual.
Mayor Carmichael moved to postpone action until the next work session (April 27, 2010), seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VI. TREASURER’S REPORT: (pgs. 15-22)
Commissioner Barber moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners to approve a Resolution for authorization of a contract for the FY2010 Sanitary Sewer Improvements. (Stuckert) (pgs. 23-26) ~Taken Out of Order~


X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on Resolution 2010/04-22: A Resolution authorizing a contract with Fleming and Associates for design of a new Senior Center Building located near the I.H. Clubhouse. (Stuckert) ~Removed From Agenda~

XII. ANNOUNCEMENTS:
o Announcement on Appointment of Design Review Commission member. (Carmichael) Mayor Carmichael announced the appointment of Bill Rose to the Design Review Commission to serve the remainder of a 3 year term expiring on December 31, 2010.

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Barber moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.


The meeting adjourned at 6:50 p.m., Thursday, April 01, 2010.

These minutes were approved on Thursday, May 06, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, MARCH 04, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: Mayor Carmichael called the meeting to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz, and Tompkins were present. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any amendments (additions/deletions) to the agenda.

There being no amendments, Mayor Carmichael moved to adopt the agenda as presented and allow the Chair to take items out of order as necessary, seconded by Commissioners Barber/Hartz. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of March. The recipients were Sheree Mott, Ronald Purifoy, Keith Hinson, and Todd Strouse.

2009 Environmental Awards were presented also. The recipients of those awards were Woodland Tree Service (Tree planting project at Lakeland Elementary); Patrick Fisher (Litter Clean-up); and A2H (Canada Road Median Construction).

With no objections, Mayor Carmichael yielded the floor to allow Chris Thomas and John Pellicciotti to introduce themselves as candidates for County Commission.

Mayor Carmichael acknowledged Corey Huddler for his efforts in obtaining the status of Eagle Scout Rank.

Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to give the Crime Report for the month of February.

PUBLIC DISCUSSION:
Mayor Carmichael yielded the floor to Bill Morgan, 9500 Sequoia Point to address Consent Item 2: Approval of Ordinance 10-145: An Ordinance to amend certain provisions of Section 14-402.3 of the Municipal Code, computations to correct conflicting language regarding the sign area calculation method; providing an effective date. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meeting:
a. Regular Meeting Minutes, February 04, 2010, 6:30 p.m. (pgs. 01-05)




2. Approval of final reading of Ordinance 10-145: An Ordinance to amend certain provisions of Section 14-402.3 of the Municipal Code, computations to correct conflicting language regarding the sign area calculation method; providing an effective date. (Atkinson) (pgs. 06-07)
3. Approval of final reading of Ordinance 10-146: An Ordinance rescinding Ordinance 09-140 and creating a new ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments concerning Storm Water Management and Pollution Control Plans. (Stuckert) (pgs. 08-09)
4. Approval of final reading of Ordinance 10-147: An Ordinance amending Ordinance 09-130 pertaining to residential and commercial sewer user rates. (Stuckert) (pgs. 10-11)
5. Approval of Resolution 2010/03-16: A Resolution authorizing a Residential Subdivision Development Contract with Michael S. and Rose S. Long for a ten (10) lot Residential Subdivision to be known as Lakeview Subdivision. (Stuckert) (pgs. 12-42)
6. Approval of Resolution 2010/03-14: A Resolution approving the Board of Commissioners 2010 Strategic Plan and Action Plan. (Wherry) (pgs. 43-50)
7. Approval of Resolution 2010/03-15: A Resolution approving a Temporary Street Light at Canada Road and Kingsridge Road. (Wherry) (pgs. 51-52)
Commissioner Hartz moved to approve the Consent Agenda and to adopt on final reading Ordinance 10-145: An Ordinance to amend certain provisions of Section 14-402.3 of the Municipal Code, computations to correct conflicting language regarding the sign area calculation method; providing an effective date; adopt on final reading Ordinance 10-146: An Ordinance rescinding Ordinance 09-140 and creating a new ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments concerning Storm Water Management and Pollution Controls Plans; and adopt on final reading Ordinance 10-147: An Ordinance amending Ordinance 09-130 pertaining to residential and commercial sewer user rates, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 53-60)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
• Environmental Award Presentations

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Update of Status of establishing a Standard Format for by-laws of Various Boards & Commissions. (Lakin)


City Attorney, David Lakin reported on the progress of the formatting and modifications to the draft standard By-Laws Format.


IX. SEWERAGE COMMISSION BUSINESS: No Business to take action on.


X. OLD BUSINESS: No Business to take action on.


XI. NEW BUSINESS: No Business to take action on.


XII. ANNOUNCEMENTS:


XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Tompkins moved to adjourn the meeting, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

The meeting adjourned at 6:58 p.m., Thursday, March 04, 2010.

These minutes were approved on Thursday, April 01, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, FEBRUARY 04, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz (electronically) and Tompkins were present. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any amendments (additions/deletions) to the agenda.

Vice-Mayor Nicholson moved to amend the agenda to add as New Business/Agenda Item 5: Action on reduction of Letter of Credit for Winstead Farms Subdivision. No objections.

There being no other amendments to the agenda, Mayor Carmichael moved to adopt the agenda as amended and allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of January. The recipients were Steven Leblanc, Richard Browning, Stacey Garvey, and Michael Mescher.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Beer Board Meeting Minutes, December 21, 2009, 6:15 p.m. (pg. 01)
b. Regular Meeting Minutes, January 07, 2010, 6:30 p.m. (pgs. 02-05)
2. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to approve a special rate for daytime/short term (less than 3 hours) of the I.H. Clubhouse for lessons with a small number of students (i.e. such individual music lessons or small groups of students). (Wherry) (pg. 06)
3. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Lakeland Municipal code Title 13, Section 13-419 “Municipal Tree Management”; providing beautification duties to the Natural Resources Board and providing an effective date. (Bridges) (pgs. 07-08)
4. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee rescinding Ordinance 09-140 and creating a new Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments concerning Storm Water Management and Pollution Control Plans. (Stuckert) (pgs. 09-11)
5. Approval of public improvements for Winstead Farms Subdivision. (Morrissett) (pgs. 12-18)



6. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee to amend certain provisions of Section 14-402.3 of the Municipal Code, computations, to correct conflicting language regarding the sign area calculation method; providing an effective date. (Atkinson) (pgs. 19-21)
7. Approval of Retail Typologies Study by RCLCO for the Land Development Regulations. (Higbee) (pgs. 22-25)
Commissioner Hartz moved to approve the Consent Agenda and to adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to approve a special rate for daytime/short term (less than 3 hours) of the I.H. Clubhouse for lessons with a small number of students (i.e. such individual music lessons or small groups of students); adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending the Lakeland Municipal Code Title 13, Section 13-419 “Municipal Tree Management”; providing beautification duties to the Natural Resources Board and providing an effective date; adopt on first reading an Ordinance of the City of Lakeland, Tennessee rescinding Ordinance 09-140 and creating a new Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments concerning Storm Water Management and Pollution Control Plans; and adopt on first reading an Ordinance of the City of Lakeland, Tennessee to amend certain provisions of Section 14-402.3 of the Municipal Code, computations, to correct conflicting language regarding the sign area calculation method; providing an effective date, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton, Shelby County Sheriff’s Department to present the Crime Report for the month of January, 2010.

BOARD OF SEWERAGE COMMISSION

2. Action on a recommendation to the Board of Commissioners for authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System.
Commissioner Hartz moved to recommend to the Board of Commissioner authorization for Lakeview Subdivision to connect to the City of Lakeland’s Sanitary Sewer System, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

NEW BUSINESS

4. Action on recommendation from the BOSC to approve a Resolution authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System.
Mayor Carmichael moved to approve a Resolution approving Concept Sanitary Sewer Plan for Lakeview Subdivision Shelby County Tax Assessor Parcel Identification Number: L0 150 00313, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.


5. Action on reduction of Letter of Credit for Winstead Farms Subdivision.
Vice-Mayor Nicholson moved to approve a Resolution reducing the amount of Letter of Credit for Winstead Farms, LLC for public improvements located at Winstead Farms Subdivision, seconded by Commissioner Tompkins.

With no objections, Mayor Carmichael yielded the floor to Cindy Reeves, SR Consulting to address the Board concerning the reduction of the Letter of Credit.

Motion to approve carried, roll call vote, 5-0.
Nicholson aye
Tompkins aye
Barber aye
Hartz aye
Carmichael aye

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 26-33)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:
o Appearance by Chris Thomas, candidate for the Shelby County Commission for Lakeland’s District. Note: Due to conflict, Mr. Thomas was not able to attend this meeting.

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Update on Mobile Workshop(s), Land Development Regulations. (Higbee) (pg. 34)

IX. SEWERAGE COMMISSION BUSINESS:
1. Action on a recommendation to the Board of Commissioners for first reading of an Ordinance of the City of Lakeland amending Ordinance 09-130 pertaining to sewer user rates. (Stuckert) (pg. 35)
Commissioner Hartz moved to recommend to the Board of Commissioners adoption of first reading of an Ordinance of the City of Lakeland amending Ordinance 09-130 pertaining to sewer user rates, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

2. Action on a recommendation to the Board of Commissioners for authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System. (Stuckert) (pgs. 36-38) ~Taken out of order~

X. OLD BUSINESS:
1. Action on final reading of an Ordinance of the City of Lakeland, Tennessee changing the day for the Board of Commissioners Work Session from a Monday to recommended 4th Tuesday of each month, specifically the last Tuesday of the month nine days before the 1st Thursday of the following month. (Wherry) (pgs. 39-40)

Commissioner Nicholson moved to adopt on final reading an Ordinance of the City of Lakeland amending Section 1-101 Subsection (3) of the Lakeland City Code to change the day of the Work Session, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

XI. NEW BUSINESS:
1. Action on a Resolution to allow Holiday time as “Hours Worked” for the purpose of computing overtime. (Wherry) (pgs. 41-43)
Commissioner Hartz moved to approve a Resolution not authorizing “Holiday Pay” to be included as part of “Work Hours” ** Motion failed due to the lack of a second.

Commissioner Barber moved to approve a Resolution authorizing “Holiday Pay” to be included as part of “Work Hours” for the purposes of computing premium overtime or compensatory time, seconded by Vice-Mayor Nicholson.
Motion carried, roll call vote, 4-1.
Barber aye
Nicholson aye
Hartz nay
Tompkins aye
Carmichael aye

2. Action on appointments to the Parks & Recreation Board. (pgs. 44-64)
a. Removal of existing member.
Commissioner Barber moved to approve a Resolution removing a member of the Parks & Recreation Board, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

b. Appointment of replacement member.
Commissioner Barber nominated Julie Meadows to fill PRB vacancy.

With no other nominations, Ms. Julie Meadows is appointed to the Parks & Recreation Board by consensus, with term expiring on December 31, 2010.

3. Action on a recommendation from the BOSC to adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Ordinance 09-130 pertaining to sewer user rates. (Stuckert) (pgs. 65-69)
Vice-Mayor Nicholson moved to adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending Ordinance 09-130 pertaining to residential and commercial sewer user rates, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Nicholson aye
Barber aye
Hartz aye
Tompkins aye
Carmichael aye


4. Action on a recommendation from the BOSC to approve a Resolution authorizing Lakeview Subdivision connection to the City of Lakeland’s Sanitary Sewer System. (Stuckert) (pgs. 70-72) ~Taken out of order~

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Vice-Mayor Nicholson moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:13 p.m., Thursday, February 04, 2010.

These minutes were approved Thursday, March 04, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, JANUARY 07, 2010, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:30 p.m. Invocation was given by Pastor of Refuge Church and the pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were present. City Attorney David Lakin was present.

With no objections, Mayor Carmichael yielded the floor to the City Recorder to administer the Oath of Office to the members who were appointed to the Various Boards & Commissions.

Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of January. The recipients were Alma Abuelouf, Steve Carney, Janet Harding, and Joseph Dudek.

Mayor Carmichael opened the floor for any amendments (additions/deletions) to the agenda.

Vice-Mayor Nicholson recommended to amend the agenda to add: New Business/Agenda Item 2: Action on changing the January Work Session date from Monday, January 25th to Tuesday, January 26th. No objections.

There being no other amendments to the agenda, Mayor Carmichael moved to adopt the agenda as amended and to allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, December 03, 2009, 6:30 p.m. (pgs. 01-06)
2. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending Section 12-201, 12-202, 12-203, and 12-204 of the Lakeland Municipal Code pertaining to Title and Purpose, Requirement of Inspections, Requirement of Deposits and Revocation of Deposits. (Stuckert) (pgs. 07-09)
3. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee changing the day for the Board of Commissioners Work Session from a Monday to recommended 4th Tuesday of each month or specifically, the last Tuesday of the month before the 1st Thursday of the following month. (Wherry) (pg. 10)
4. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to approve a special rate for daytime/short term (less than 3 hours) of the I.H. Clubhouse for lessons with a small number of students (i.e. such as individual music lessons or small groups of students). (Wherry/Lockhart) (pgs. 11-12)



5. Approval of Resolution setting the meeting schedule for Calendar Year 2010. (Wherry) (pg. 13)
6. Approval of a Resolution approving FY 2008/2009 Municipal Audit. (Wherry/Hughes) (pg. 14)
7. Approval of Environmental Award Recipients. (Bridges) (pg. 15)
8. Approval of Natural Resources Board/City Beautiful Committee. (Bridges)
a. Approval of Resolution rescinding the establishment of the City Beautification Committee as a Sub-Committee of the Parks & Recreation Board. (pgs. 16-17)
b. Approval of first reading of an Ordinance of the City of Lakeland, Tennessee amending the Lakeland Municipal Code Title 13, Section 13-419 “Municipal Tree Management”; providing beautification duties to the Natural Resources Board and providing an effective date. (pgs. 18-20)
9. Approval of the purchase of furniture for City Hall (Addition). (Stuckert) (pgs. 21-26)
Commissioner Barber moved to approve the Consent Agenda and adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending Section 12-201, 12-202, 12-203, and 12-204 of the Lakeland Municipal Code pertaining to Title and Purpose, Requirement of Inspections, Requirement of Deposits and Revocation of Deposits; adopt on first reading an Ordinance of the City of Lakeland, Tennessee changing the day for the Board of Commissioners Work Session from a Monday to recommended 4th Tuesday of each month, specifically the last Tuesday of the month before the 1st Thursday; adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to approve a special rate for daytime/short term (less than 3 hours) of the I.H. Clubhouse for lessons with a small number of students (i.e. such as individual music lessons or small groups of students); and adopt on first reading an Ordinance of the City of Lakeland, Tennessee amending the Lakeland Municipal Code Title 13, Section 13-419 “Municipal Tree Management”; providing beautification duties to the Natural Resources Board and providing an effective date, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT: (pgs. 27-34)
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
o Report/Update on Standard Format for By-laws of Various Boards & Commissions. (Lakin)
The City Attorney reported no update at this point.


IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Discussion and/or Possible Action on a Resolution rescinding Resolution 2008/09-73 and withdrawing the offer to Shelby County concerning construction of a second Fire Station for use by the Shelby County Fire Department. (Wherry) (pgs. 35-37)
Commissioner Barber moved to approve a Resolution by the Board of Commissioners of the City of Lakeland reserving the right to recertify approval of the agreement concerning Fire Station and Fire Service Operations in Resolution 2008/09-73, seconded by Vice-Mayor Nicholson.

After substantial discussion, Commissioner Barber withdrew his motion to approve a Resolution reserving the right to recertify approval of the agreement concerning Fire Station and Fire Service Operations in Resolution 2008/09-73, no objections.

Commissioner Tompkins move to approve a Resolution by the Board of Commissioners of the City of Lakeland rescinding Resolution No. 2008/09-73 approving an offer of an Agreement with Shelby County concerning construction of a Lakeland Fire Station #2 and withdrawing the proposed Agreement, seconded by Commissioner Barber. Motion carried, voice vote, all in favor.

2. Action on changing the January Work Session date from Monday, January 25th to Tuesday, January 26th.
Commissioner Hartz moved to approve a Resolution changing the work session from Monday, January 25th to Tuesday, January 26th 2010, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:
• Saturday, January 23, 2010, 8:30 a.m. – BOC Retreat

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Barber moved to adjourn the meeting, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.

The meeting adjourned at 6:58 p.m., Thursday, January 07, 2010.

These minutes were approved Thursday, February 04, 2010.





Scott Carmichael, Mayor

ATTEST:






Sontidra L. Thomas, CMC
City Recorder

BOARD OF COMMISSIONERS REGULAR MEETING MINUTES
THURSDAY, DECEMBER 03, 2009, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002


I. CALL TO ORDER BY MAYOR: The meeting was called to order at 6:30 p.m. Invocation and pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.

II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Nicholson, Commissioners Barber, Hartz and Tompkins were present. City Attorney, David Lakin was present.

Mayor Carmichael opened the floor for any amendments (additions/deletions) to the agenda.

Vice-Mayor Nicholson moved to amend the agenda to add as New Business/Agenda Item 3: Action rescheduling the 2010 BOC Retreat (Saturday, January 30, 2010). No objections.

There being no additional amendments to the agenda, Mayor Carmichael moved to adopt the agenda as amended and to allow the Chair to take items out of order as deemed necessary, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

With no objections, Mayor Carmichael presented the “Get Caught Recycling” Awards for the month of December. The recipients were Stephanie Lemont, William Bailey, David Latham and Scott Daniel.

With no objections, Lt. Warren Horton, Shelby County Sheriff’s Department presented the Crime Report for the month of November.

Mayor Carmichael yielded the floor to Sheriff Mark Luttrell, Shelby County Sheriff’s Department. No objections.

III. PUBLIC HEARING:

IV. CONSENT AGENDA:
1. Approval of Minutes from Previous Meetings:
a. Regular Meeting Minutes, November 05, 2009, 6:30 p.m. (pgs. 01-04)
2. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for appeal processes. (Atkinson) (pg. 05)
3. Approval of final reading of an Ordinance of City of Lakeland, Tennessee amending the Official Zoning Map of the City of Lakeland to rezone certain property owned by Belz Investco, LP (also known ad Water’s Edge) as described herein from R-1 (Single Family Residential) and C-2 (General Business) to R-1 (Single Family Residential); and provide an effective date. (Atkinson)
4. Approval of final reading of an Ordinance of the City of Lakeland, Tennessee amending Ordinance 08-128 pertaining to Sanitation Fees. (Stuckert) (pg. 11)

Commissioner Hartz moved to approve the Consent Agenda and adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending the Fee Schedule to add a fee for appeal processes; adopt on final reading of an Ordinance of the City of Lakeland, Tennessee amending the Official Zoning Map of the City of Lakeland to rezone certain property owned by Belz Investco, LP (also known as Water’s Edge) as described herein from R-1 (Single Family Residential) and C-2 (General Business) to R-1 (Single Family Residential); and provide an effective date; and to adopt on final reading an Ordinance of the City of Lakeland, Tennessee amending Ordinance 08-128 pertaining to Sanitation Fees, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

NEW BUSINESS
2. Action on appointment of members to Boards & Commissions:
a. Municipal Planning Commission (Mayor Carmichael)
Mayor Carmichael appointed Mr. Larry Pardue to serve on the Municipal Planning Commission for a three (3) year term (expiring on December 31, 2012) effective immediately.

b. Design Review Commission
Commissioner Tompkins nominated Ms. Shirlee Clark to serve on the Design Review Commission; Commissioner Hartz nominated Jerry James to serve on the Design Review Commission; Mayor Carmichael nominated Celia Abbott to serve on the Design Review Commission.

By Consensus of the Board of Commissioners, Ms. Shirlee Clark, Mr. Jerry James and Ms. Celia Abbott were appointed to serve on the Design Review Commission for a two (2) year term, expiring on December 31, 2011. No objections, all in favor.

c. Economic Development Commission
Commissioner Tompkins nominated Ms. Heidi Verbeek; Commissioner Hartz nominated Ms. Terri Smith-Anderson; Commissioner Barber nominated Mr. Josh Roman, Vice-Mayor Nicholson nominated Francis Fairley and Mayor Carmichael nominated Ms. Lynelle Robinson.

Nomination for Heidi Verbeek
Nomination carried, roll call vote, 5-0.
Tompkins aye
Barber aye
Hartz aye
Nicholson aye
Carmichael aye


Nomination for Ms. Terri Smith-Anderson
Nomination carried, roll call vote, 5-0.
Hartz aye
Barber aye
Nicholson aye
Tompkins aye
Carmichael aye

Nomination for Mr. Josh Roman.
Nomination carried, roll call vote, 5-0.
Barber aye
Hartz aye
Nicholson aye
Tompkins aye
Carmichael aye

Nomination for Francis Fairley.
Nomination carried, roll call vote, 5-0.
Nicholson aye
Barber aye
Hartz aye
Tompkins aye
Carmichael aye

Ms. Heidi Verbeek, Ms. Terri Smith-Anderson, and Mr. Josh Roman were appointed to the Economic Development Commission to serve a three (3) year term, expiring on December 31, 2012. Mr. Francis Fairley was appointed to serve the remainder of a three (3) year term, expiring on December 31, 2010.

d. Board of Appeals
Commissioner Hartz nominated Jo Ann Cohen to the Board of Appeals.

With no objections, Jo Ann Cohen was appointed to the Board of Appeals to serve a three (3) term, expiring on December 31, 2012.

e. Natural Resources Board
By consensus of the Board of Commissioners, Mr. Samuel Carr and Mr. Jim Schultz were appointed to the Natural Resources Board to serve a three (3) year term, expiring on December 31, 2012. Mr. Richard Bryant was appointed to serve the remainder of a three year term, expiring on December 31, 2010.



f. Parks & Recreation Board
As a consensus of the Board of Commissioners, Mr. Clayton Rogers and Ms. Lynelle Robinson were appointed to the Parks & Recreation Board to serve a three (3) year term, expiring on December 31, 2012.

OLD BUSINESS
1. Action on final reading of an Ordinance of the City of Lakeland, Tennessee establishing a Storm Water Board of Appeals to review civil penalties or damage assessments, dealing with stormwater. (Stuckert)
Commissioner Hartz moved to suspend the rules for discussion, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to adopt on final reading an Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damages assessments dealing with storm water, seconded by Vice-Mayor Nicholson.

Commissioner Barber moved to amend Section 2. Membership, Term and Procedure to read as follows: The Board shall be composed of three (3) citizens of Lakeland with significant experience and knowledge in the field of Stormwater Management Regulations and Pollution Control Plans. Said Board shall be appointed by the Board of Commissioner. The initial term of one member shall be one (1) year, the initial term of the second member shall be two (2) years and the initial term of the third member shall be three (3) years; thereafter terms shall be three (3) years. Procedures shall be provided in the By-Laws, seconded by Vice-Mayor Nicholson.
Amendment carried, roll call vote, 5-0.
Barber aye
Nicholson aye
Hartz aye
Tompkins aye
Carmichael aye

Motion to adopt on final reading an Ordinance establishing a Storm Water Board of Appeals for the City of Lakeland to review civil penalties and/or damage assessments dealing with Storm water, as amended.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Barber aye
Tompkins aye
Carmichael aye

V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:

VI. TREASURER’S REPORT:
Vice-Mayor Nicholson moved to file the Treasurer’s Report, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

VII. PUBLIC DISCUSSION:

VIII. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:

IX. SEWERAGE COMMISSION BUSINESS:

X. OLD BUSINESS:

XI. NEW BUSINESS:
1. Action on first reading of an Ordinance of the City of Lakeland, Tennessee amending Section 12-201, 12-202, 12-203, and 12-204 of the Lakeland Municipal Code pertaining to Title and Purpose, Requirement of Inspections, Requirement of Deposits and Revocation of Deposits.
Commissioner Hartz moved to adopt on first reading and Ordinance of the City of Lakeland, Tennessee amending Section 12-201, 12-202, 12-203, and 12-204 of the Lakeland Municipal Code pertaining to Title and Purpose, Requirement of Inspections, Requirement of Deposits and Revocation of Deposits, seconded by Commissioner Barber.
Motion carried, roll call vote, 5-0.
Hartz aye
Barber aye
Hartz aye
Tompkins aye
Carmichael aye

2. Action on appointment of members to Boards & Commissions: (pgs. 35-104)
a. Municipal Planning Commission (Mayor Carmichael)
b. Design Review Commission
c. Board of Appeals
d. Economic Development Commission
e. Natural Resources Board
f. Parks & Recreation Board

3. Action on rescheduling the 2010 BOC Retreat (Saturday, January 30, 2010).



Commissioner Hartz moved to suspend the rules for discussion, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

Commissioner Hartz moved to approve a Resolution entitled: A Resolution rescheduling the January 30, 2010 BOC Retreat, seconded by Vice-Mayor Nicholson. Motion carried, voice vote, all in favor.

XII. ANNOUNCEMENTS:

XIII. ADJOURNMENT: There being no other business to take action on, Commissioner Hartz moved to adjourn the meeting, seconded by Commissioner Tompkins. Motion carried, voice vote, all in favor.

The meeting adjourned at 7:40 p.m., Thursday, December 03, 2009.

These minutes were approved Thursday, January 07, 2010.





Scott Carmichael, Mayor

ATTEST:




Sontidra L. Thomas, CMC
City Recorder